Mediation
Through mediation with an independent mediator, parties have the ability to attempt to resolve disputes without the need and expense of an adversarial trial. In a mediation or settlement conference, the parties agree to retain a mediator to assist them through a live conference or Zoom conference (with or without their attorneys) in evaluating their case and working toward a written negotiated voluntary settlement of their disputed issues. Mediation can provide to parties the opportunity to present their positions in an informal setting, and can result in resolution of disputes more quickly, confidentially and often without the need for court proceedings.
Judge Sean McPartland has extensive experience in conducting settlement conferences as a District Court Judge, as a judge on the Iowa Business Court, and as a Senior Judge in the Sixth District of Iowa. Judge McPartland has mediated a variety of civil disputes, including personal injury and business related disputes, and also has extensive experience in mediation of various family law disputes, including custody, visitation, child support, and spousal support. Mediation with Judge McPartland provides parties a perspective of a former District Court Judge. His preferred approach typically includes an objective evaluation of the parties' positions during the mediation process, including his thoughts on evidence as it relates to the law, rather than simply conveying offers and counter offers to the parties.
Arbitration
Voluntary arbitration is a process by which the parties to a dispute enter into an agreement to have the dispute resolved by an arbitrator or arbitrators, usually following presentation of evidence and oral or written arguments by counsel. Unlike a mediation, an arbitration involves a process by which the arbitrator or arbitrators hear and evaluate the evidence and issue an arbitration decision (sometimes called the “arbitration award”). The arbitration process may sometimes be thought of as a “mini-trial”, but provides the parties the opportunity and flexibility to help design the process and procedure, including presentation of evidence. The arbitration process can provide a less formal, more confidential and quicker proceeding and decision. The new statute in Iowa providing for arbitration of family law issues now provides a statutory procedure for resolution of many family law issues through arbitration.
Consultation Services
Judge McPartland also is available to consult with lawyers and to provide expert testimony or case evaluations to suit the needs of an individual case. Judge McPartland‘s experience as a trial judge, including on the Iowa Business Court, provides a unique perspective which may be of value and assistance to lawyers and clients in connection with evaluation and preparation of civil and family law cases.